CITY COUNCIL: Ordinance Amending Traffic Code "Speed Limits," "Miscellaneous Streets"

Meeting Date: June 3, 2008
Prepared by: George E. Rawson

City Council
Agenda Item Summary

Name: Consideration of an Ordinance of the City Council of the City of Carmel-by-the-
Sea amending Title 10, Division I. Traffic Code, Chapter 10.12 “Speed Limits”, Section 10.12.010 “Miscellaneous Streets"

Description: Adoption of the amended ordinance satisfies State law requirements
pertaining to radar enforcement of posted speed limits.

Overall Cost:
City Funds: $ 1,960

Staff Recommendation:
Adopt the Ordinance amending section 10.12.010 of the Municipal Code regarding the vehicle speed limits on certain streets. The proposed ordinance has been reviewed and approved in form by the City Attorney.

Important Considerations:
California Vehicle Code (CVC) Section 40802 requires that traffic and engineering studies be performed every seven (7) years on all functionally classified streets to establish speed zones for purposes of radar enforcement.

The adoption of the revised ordinance, as proposed, will permit the Police Department to resume radar enforcement on the functionally classified streets listed in the attached engineering traffic and engineering study.

Decision Record:
Revisions to Ordinance 10.12.010 adopted February 6, 2007.

Reviewed by:


______________________________ _________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
POLICE DEPARTMENT
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E. RAWSON, PUBLIC SAFETY DIRECTOR
DATE: MAY 16, 2008
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING TITLE 10, DIVISION I, TRAFFIC CODE, CHAPTER 10.12 “SPEED LIMITS, SECTION 10.12.010 “MISCELLANEOUS STREETS”
_________________________________________________________________
I. RECOMMENDED MOTION:
Adopt the Ordinance amending section 10.12.010 of the Municipal Code regarding the
vehicle speed limits on certain streets.

II. BACKGROUND:
Pursuant to state law, the use of radar for speed enforcement requires traffic engineering surveys be performed every seven (7) years on certain local streets and any street(s) that are “functionally classified.” Functionally classified streets are determined by Caltrans and submitted to the Federal Highway Administration for purposes of maintaining mileage systems and eligibility for federal funds to pay for roadway projects. In 2005, the City of Carmel-by-the-Sea contracted Traffic Engineer Malcolm Knisely to perform the new surveys as required. Eighteen streets were surveyed, 14 of which qualified for continued radar enforcement at the existing respective speed limit of either 15-, 20-, or 25-miles-per hour (m.p.h.) limits. On February 6, 2008, the City Council approved staff’s recommendation to adopt a revised ordinance that maintained existing speed limits on all 14 streets as listed (Refer to copy of Ordinance attached as Exhibit “A”).

Action regarding the remaining four streets (2nd Ave, Rio Road, Carpenter Street, and San Carlos Street), was postponed pending staff’s request to perform additional surveys. In May 2008, Traffic Engineer Malcolm Knisely resurveyed these streets. The results of the new surveys, which included considerations of traffic accident data, have validated the existing 25 m.p.h. speed limit can remain as posted and radar enforcement can be resumed as allowed by State law. For more details, refer to Memorandum by Traffic Engineer Malcolm Knisely dated May 7, 2008 and attached as Exhibit “B”.

III. STAFF REVIEW:
Staff concurs with the findings of the traffic engineering surveys. For traffic and
pedestrian safety purposes, it is important to maintain the existing 25 m.p.h. speed limits on all four streets as listed above. These surveys will allow the police department to continue utilizing radar as speed enforcement tool. Radar is a critical tool needed by the police to detect and stop those drivers who drive at speeds that are unreasonable, unsafe, and pose threats to the safety of the community. These new surveys will permit the Police department to perform speeding enforcement in accordance to State law requirements.

Traffic Engineer Malcolm Knisely also has recommended installing “Speed enforced by
Radar” signs to the existing speed limit signs. Staff will meet with Public Works to
discuss implementing this suggestion.

IV. FISCAL IMPACT:
$1,960 for contract services to conduct a traffic engineering speed study. Funds are
allocated in the FY 07-08 Police Department Budget – Account 74053 (Contractual
Services).

V. SUMMARY:
Engineering and traffic surveys were completed as required by State vehicle code law.
The results of these surveys indicate 25 m.p.h. speed limits can be maintained as posted and enforced by radar.


EXHIBIT “A”
AMENDMENT TO TITLE 10
Section 10.12.010. Miscellaneous Streets. The speed limits set forth in this chapter are determined to be reasonable and safe, and most appropriate to facilitate the orderly movement of vehicular traffic in the City. The prima facie speed limit for these streets, or portions thereof, shall be as follows when signs are erected giving notice thereof:

A. Fifteen Miles per Hour

1. Dolores Street - That portion of Dolores Street, between Vista Street and Fourth
Avenue.
2. Fourth Avenue - That portion of Fourth Avenue, between Lincoln Street and
Dolores Street.
3. Lincoln Street - That portion of Lincoln Street, between Fourth Avenue and Fifth
Avenue.
4. Mountain View Avenue – That portion of Mountain View Avenue, between Ocean Avenue and Forest Avenue.
5. Scenic Road – That portion of Scenic Road, between Ocean Avenue and Santa
Lucia Street.

B. Twenty Miles per Hour
1. San Antonio Avenue – That portion of San Antonio Avenue, between Fourth Avenue and Second Avenue.
C. Twenty five Miles per Hour
1. Camino Del Monte Avenue – That portion of Camino Del Monte Avenue, beginning at a point on the Carmel-by-the-Sea City limits line, north of First Street and thence running southerly for a distance of one thousand nine hundred forty four feet more or less to the centerline of San Carlos Street.
2. Junipero Avenue – That portion of Junipero Avenue, between Rio Road to Camino Del Monte Avenue.
3. Ocean Avenue – That portion of Ocean Avenue, beginning at a point on the
Carmel-by-the-Sea city limits line, east of Carpenter Street and thence running
westerly for a distance of four thousand eight hundred fifty-six feet more or less
to the centerline of Del Mar Avenue.
4. San Antonio Avenue – That portion of San Antonio Avenue, between Santa Lucia Avenue and Fourth Avenue.
5. San Carlos Street – That portion of San Carlos Street, between 13th Avenue and
Camino Del Monte Avenue.
6. Santa Lucia Avenue – That portion of Santa Lucia Avenue, between Rio Road
and Bayview Avenue.
7. Carpenter Street – That portion of Carpenter Street between the Carmel-by-the
Sea city limits line north of First Avenue and Ocean Avenue.
8. Rio Road – That portion of Rio Road between the Carmel-by-the-Sea city limits
line east of Ladera Drive and Mission Street.
11. Second Avenue – That portion of Second Avenue between Carpenter Street and
Santa Fe Street.


EXHIBIT “B”
CITY OF CARMEL-BY-THE-SEA
SPEED SURVEYS ON CITY STREETS
MEMORANDUM
DATE: May 7, 2008
TO: George Rawson, Police Chief
FROM: Malcolm Knisely, Traffic Engineer
SUBJECT: Speed Surveys on City Streets
______________________________________________________________________________
BACKGROUND
In 2005 I was retained by the City of Carmel-by-the-Sea to provide Traffic & Engineering Studies on City streets where the use of radar enforcement was utilized. The California Vehicle Code requires that traffic engineering surveys be performed on functionally classified streets and some local streets every seven (7) years in order for radar enforcement to be used for speed control.

An explanation of “functionally classified streets” appears to be in order. Functionally Classified Streets are those streets which are classified and appear on the “2006 Functional Classified System Maps”, which are maps prepared by Caltrans and submitted to the Federal Highway Administration.

Portions of 18 streets are classified in Carmel-by-the-Sea as collector streets.
The results of that study indicated that the speed limit would have to be raised to 30 MPH on four streets in order for the City to use radar for traffic speed enforcement. The streets were portions of Rio Road, Carpenter Road, Second Street and San Carlos Street. The City, at that time, chose not to raise the speed limit to 30 MPH as the studies indicated and speed enforcement on those streets was put on hold.

All of the other streets, except as the four streets noted above, were found to conform to their present signing of 25 MPH and radar enforcement has continued to be utilized by the City.

During the past month, I was requested to resurvey the four streets as noted above to determine if radar for speed enforcement could again be permitted for speed enforcement. It was felt that due to changes in the way that studies were to be taken and evaluated, by California Vehicle Code and the California Traffic Control Devices Committee, that the studies should be retaken to determine if the present limits of 25 MPH could be maintained.

The Traffic and Engineering Studies and surveys, that were taken and referenced above, satisfy the requirements of the California Vehicle Code Section(s) 22350, 22352, 22357, 22358, 22358.3, & 40802 which provides that local authorities may establish prima facie speed limits on streets and roads under their jurisdiction on the basis of “an engineering and traffic study”. The basic fundamentals and
accepted criteria for the establishment of realistic speed limits are as described in the Manual of Uniform Traffic Control Devices 2003, and the California MUTCD, Dated September 26, 2006.

Speed limits should be established preferably at or near the 85th percentile speed, which is defined as that speed at or below which 85% of the traffic is moving. Speed limits higher than the 85th percentile are not generally considered reasonable and safe, and limits below the 85th percentile do not facilitate the orderly movement of traffic and create enforcement problems.

It should also be emphasized that Section 40802 of the CVC requires that traffic and engineering studies be performed on all functionally classified streets to establish speed zones. Just because a functionally classified street appears to be in a residential district, the requirement of Section 40802 still requires that a traffic engineering study be performed and the speed limit established on the basis of the

EXHIBIT “B”
85th percentile.
DISCUSSION
The two most misconstrued concepts regarding speed zoning are: 1) speeds limits will slow the speed of traffic, and 2) raising a posted limit will cause an increase in the speed of traffic. Studies consistently demonstrate that the majority of drivers disregard regulations, which they consider unreasonable and the new or revised posting of speed limits does not significantly change traffic speeds.

These findings focus on the importance of establishing realistic speed zones.
Realistic speed zones invite public compliance by conforming to the behavior of the majority of drivers and giving clear indication to nonconforming violators. Realistic speed zones satisfy the requirements of State law for establishing prima facie speed limits, thus offering the use of radar as an effective tool for separating the occasional violator from the reasonable majority. The basic intent of an active and aggressive radar enforcement program is not to curtail the speed of the majority, but rather attempt to control the top fringe of drivers in the upper 15th percentile who are inclined to be reckless, unreliable and unreasonable.

he attached Speed Survey’s data sheets shows an Engineering and Traffic Summary indicating the data used to validate the existing posted speed zones and the radar enforceable speed limits for the roadway segments studied in order to satisfy State law requirements. The following is a list of the recommended speed zones:

(25 MPH) SPEED ZONES RECOMMENDED TO REMAIN THE SAME EXISTING STREET NAME LOCATION STREET CLASS
CARPENTER STREET - City Limits N/O First St. to Ocean Ave. Collector
RIO ROAD - City Limits W/O Atherton Rd to Mission St. Collector
SAN CARLOS AVE - 8th Avenue to 13th Avenue Collector
SECOND STREET - Carpenter Street to Santa Fe Street Collector.
TRAFFIC CONTROL DEVICES
It is recommended that since these speed zones have been established as a result of Traffic and Engineering Studies that were conducted as per the California Vehicle Code, that adequate signing be installed to inform motorists of the speed zones. I further recommend that “speed enforced by radar” signs be installed below each speed limit sign for maximum effectiveness.

RECOMMENDATION
It is recommended that the City Council of the City of Carmel-by-the-Sea introduce and read by title only Ordinance No.XXX entitled “An Ordinance of the City of Carmel-by-the-Sea Amending Section 10.12.010 of the Municipal Code Regarding the Vehicle Speed Limits on Certain Streets”.


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2008-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING TITLE 10, DIVISION I. TRAFFIC CODE, CHAPTER 10.12 “SPEED LIMITS”,
SECTION 10.12.010 “MISCELLANEOUS STREETS”
________________________________________________________________________
WHEREAS, the City has conducted a traffic and engineering survey to determine the
prima facie speed limits on certain streets within the City; and

WHEREAS, based on said survey, the City finds justification for existing speed limits in accordance with the California Vehicle Code Sections: 235, 240, 515, 22350, 22352, 22357, 22358, 22358.3, 22358.4 & 40802; and

WHEREAS, the City further finds and declares that the speed limits set forth herein are most appropriate to facilitate the orderly movement of vehicular traffic and are reasonable and safe.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAINS AS FOLLOWS:

Section One. Title 10, Chapter 10.12, Section 10.12.010 of the Municipal Code is
hereby amended by adding the following streets to subsection “C” Twenty five miles per hour” as indicated below and added hereto as Exhibit “A” attached.

7. Carpenter Street – That portion of Carpenter Street between the Carmel-by-the
Sea city limits line north of First Avenue and Ocean Avenue.

8. Rio Road – That portion of Rio Road between the Carmel-by-the-Sea city limits
line east of Ladera Drive and Mission Street.

9. San Carlos Street – That portion of San Carlos Street between 13th Avenue and
8th Avenue.

10. Second Avenue – That portion of Second Avenue between Carpenter Street and
Santa Fe Street.

Section Two. Severability. If any part of this Ordinance is found to be unenforceable, such finding shall not affect the enforceability of any other part.

Section Three. Effective date. This Ordinance shall take effect thirty (30) days after final adoption.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of June 2008 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:


SIGNED:

_____________________
Heidi Burch, City Clerk

ATTEST:

__________________________
SUE McCLOUD, MAYOR